(1.) Having considered all facts of the case we are inclined to condone delay in filing the appeal. Accordingly, the application preferred under Section 5 of the Limitation Act is allowed. The delay in filing the appeal is condoned.
(2.) Heard learned counsel on merits.
(3.) In brief, facts of the case are that the respondent entered in the service of respondents being appointed as Junior Specialist (Surgery) under an order dated 10.5.2006. An application was submitted by him on 11.10.2011 to have retirement from service voluntarily w.e.f. 15.1.2012. The request for voluntary retirement was denied by the employer under an order dated 30.12.2011 as the respondent was facing disciplinary action. Another application was submitted by the respondent-petitioner on 12.1.2012, contents of that reads as follows :- <IMG>JUDGEMENT_49_LAWS(RAJ)8_2017.jpg</IMG>